California AB 40 — California Environmental Quality Act: environmental impact reports: coal handling, storage, and export.

California, 20252026. AB 40: California Environmental Quality Act: environmental impact reports: coal handling, storage, and export.

Plural source record ↗

Official legislative source ↗

Latest action

September 30, 2026 — Chaptered by Secretary of State - Chapter 864, Statutes of 2026.

Summary

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA provides that when an EIR has been prepared for a project, no subsequent or supplemental EIR shall be required by a lead agency or responsible agency, unless specified events occur. This bill would require a lead agency, before issuing the initial discretionary approval for a large-volume bulk coal facility, defined as a facility with a design capacity exceeding 5,000,000 short tons per year of coal handling, storage, or export to prepare or cause to be prepared an EIR. The bill would prohibit a lead agency, air pollution control district, or air quality management district from relying on an existing EIR to issue a discretionary approval for, or to, a large-volume bulk coal facility, and would require a subsequent or new EIR to be prepared, if any of a list of specified conditions are met, including that there is an increase in design capacity of a project that did not previously meet the definition of a large-volume bulk coal facility, as provided; there is a change in the type of coal handled, stored, or exported, or the EIR did not explicitly address the type of coal handled, stored, or exported; or there is a significant increase in the quantity of coal handled, stored, or exported, or the EIR did not explicitly disclose the quantity of coal to be handled, stored, or exported. The bill would require an EIR or subsequent EIR prepared pursuant to these provisions to, among other things, evaluate the large-volume bulk coal facility's potential to generate PM2.5 and PM10 fugitive dust emissions during construction and operations, and to require mitigation measures, as provided. The bill would apply these provisions to a discretionary approval that is pending or made after June 4, 2026, as specified. Because the bill would create new duties for a lead agency, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Sponsors

• Bonta — primary sponsor
• Bennett
• Ortega
• Rogers
• Arreguín
• Stern

Bill text

AB40 Read version ↗

12/02/24 - Introduced Read version ↗

03/05/25 - Amended Assembly Read version ↗

08/21/25 - Amended Senate Read version ↗

06/15/26 - Amended Senate Read version ↗

07/02/26 - Amended Senate Read version ↗

08/17/26 - Amended Senate Read version ↗

08/21/26 - Amended Senate Read version ↗

09/02/26 - Enrolled Read version ↗

09/30/26 - Chaptered Read version ↗

Recorded votes

Legislative history

1. September 30, 2026Chaptered by Secretary of State - Chapter 864, Statutes of 2026.
2. September 30, 2026Approved by the Governor.
3. September 8, 2026Enrolled and presented to the Governor at 3:30 p.m.
4. August 28, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17. Page 6784.).
5. August 27, 2026From committee: That the Senate amendments be concurred in. (Ayes 10. Noes 4.) (August 27).
6. August 26, 2026Joint Rule 62(a), file notice suspended. (Page 6606.)
7. August 26, 2026Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.
8. August 25, 2026In Assembly. Concurrence in Senate amendments pending.
9. August 25, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9.).
10. August 24, 2026Read second time. Ordered to third reading.
11. August 21, 2026Read third time and amended. Ordered to second reading.
12. August 18, 2026Read second time. Ordered to third reading.
13. August 17, 2026Read third time and amended. Ordered to second reading.
14. August 4, 2026Read second time. Ordered to third reading.
15. August 3, 2026From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
16. July 2, 2026Read second time and amended. Re-referred to Com. on APPR.
17. July 2, 2026From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 1).
18. June 22, 2026Re-referred to Com. on E.Q.
19. June 15, 2026Re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (c).
20. June 15, 2026Read second time and amended. Ordered returned to second reading.
21. June 15, 2026Ordered to second reading.
22. June 15, 2026From inactive file.
23. September 13, 2025Ordered to inactive file at the request of Senator Grayson.
24. August 25, 2025Read second time. Ordered to third reading.
25. August 21, 2025(Ayes 30. Noes 8. Page 2233.)
26. August 21, 2025Read second time and amended. Ordered returned to second reading.
27. August 21, 2025Ordered to second reading.
28. August 21, 2025From inactive file.
29. July 7, 2025Ordered to inactive file at the request of Senator Menjivar.
30. July 1, 2025Read second time. Ordered to third reading.
31. June 30, 2025From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
32. June 12, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 11). Re-referred to Com. on APPR.
33. May 7, 2025Referred to Com. on HEALTH.
34. April 21, 2025In Senate. Read first time. To Com. on RLS. for assignment.
35. April 21, 2025Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 58. Noes 9. Page 1174.).
36. April 10, 2025Read second time. Ordered to third reading.
37. April 9, 2025From committee: Do pass. (Ayes 10. Noes 3.) (April 9).
38. March 26, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (March 25). Re-referred to Com. on APPR.
39. March 6, 2025Re-referred to Com. on HEALTH.
40. March 5, 2025From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
41. February 3, 2025Referred to Com. on HEALTH.
42. December 3, 2024From printer. May be heard in committee January 2.
43. December 2, 2024Read first time. To print.

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